Father Passed Away, Had some NFA items need some help

[james.bryant88]

Ok so my father passed away last year, he had a will but it was old and everything went to his wife(my mother). They were married and the old will said that everything was to go to her. I contacted the ATF about what paperwork I needed to fill out for her to have the Class 3 Machine Gun and (2) Suppressors transferred to her. I know that we need the Form 5 in duplicate for each item, and also the finger print cards and photos. Also I providing them with death certificate and Marriage license from my mother. I have called the multiple times trying to get info, they do respond but the info I get every time is different.

First, there was no estate or anything like that for my father, everything just went to my mother. There isn't any paperwork stating who got what or which the old will only states that my mom gets everything. Upon contact the ATF and asking about how to fill out the executor information on the Form 5 they told me that since their is none that I just put my mother's information for the executor's information, and also for the person receiving the weapon. Next I asked them what do i need to do to provide them proof that my mom gets everything, they told me that a death certificate would work and also a marriage licence to end any doubt that they were married. As for the LEO certification the manual says that the form 5 transfer does not require LEO certification.

9.5.3.1 Distributions to heirs. Although these distributions are not treated as “transfers” for
purposes of the NFA, Form 5 must be filed by an executor or administrator to register a firearm
to a lawful heir and the form must be approved by ATF prior to distribution to the heir. The
form should be filed as soon as possible. However, ATF will allow a reasonable time to arrange
for the transfer. This generally should be done before probate is closed. When a firearm is being
transferred to an individual heir, his or her fingerprints on FBI Forms FD-258 must accompany
the transfer application. The application will be denied if the heir’s receipt or possession of the
firearm would violate Federal, State, or local law. The law enforcement certification on the form
need not be completed. The form should also be accompanied by documentation showing the
executor’s or administrator’s authority to distribute the firearm as well as the heir’s entitlement
to the firearm. Distributions to heirs should not be made until Forms 5 are approved. Executors
and administrators are not required to have estate firearms registered to them prior to distribution
to lawful heirs. 9.5.3.1 Distributions to heirs. Although these distributions are not treated as “transfers” for
purposes of the NFA, Form 5 must be filed by an executor or administrator to register a firearm
to a lawful heir and the form must be approved by ATF prior to distribution to the heir. The
form should be filed as soon as possible. However, ATF will allow a reasonable time to arrange
for the transfer. This generally should be done before probate is closed. When a firearm is being
transferred to an individual heir, his or her fingerprints on FBI Forms FD-258 must accompany
the transfer application. The application will be denied if the heir’s receipt or possession of the
firearm would violate Federal, State, or local law. The law enforcement certification on the form
need not be completed. The form should also be accompanied by documentation showing the
executor’s or administrator’s authority to distribute the firearm as well as the heir’s entitlement
to the firearm. Distributions to heirs should not be made until Forms 5 are approved. Executors
and administrators are not required to have estate firearms registered to them prior to distribution
to lawful heirs.

But every other person I talk to at the ATF say yes you need it then the next says no you don't. I am friends with the sheriff so I am just going to have him fill out the information to be on the safe side, I don't think it would be denied if it was filled out and they didn't need it.

What I need help with is does this all sound correct I just want to make sure that I get it done right the first time, and I don't want to be breaking any laws. The weapons are locked in a safe I am the only living person that knows the combo to it, however it is at my mothers house, is this a problem with it being at her house. The ATG wouldn't give me any guidance when I asked about this.

 

[ryknoll3]

Yes, this sounds right. Two copies of the Form 5. Prints and photos. NO CLEO sign-off necessary. I would send the death and marriage certificate just to be safe. It won't hurt to provide the info.

It's perfectly fine keeping the items at the mother's house. Since she is the defacto executor (as the spouse) she is fine having the firearms in her possession while they are being transferred into her name. See the last sentence of the section that you posted.

 

[james.bryant88]

Yes, this sounds right. Two copies of the Form 5. Prints and photos. NO CLEO sign-off necessary. I would send the death and marriage certificate just to be safe. It won't hurt to provide the info.

It's perfectly fine keeping the items at the mother's house. Since she is the defacto executor (as the spouse) she is fine having the firearms in her possession while they are being transferred into her name. See the last sentence of the section that you posted.

Thank you for the response, I just wanted to have someone else's input before I sent in the paperwork. Appreciate the response.

 

[amafrank]

Who are you talking to at ATF and which office? You need to talk specifically to the NFA Branch in West Virginia. Phone number is 304 616-4500, tell whoever answers the phone that you need to speak to a specialist or supervisor and explain whats going on if necessary. They normally bend over backwards to help with estate/death issues and since all the forms are going through that branch they can tell you exactly what needs to be there. The local office on the other hand is not really trained to handle NFA stuff so thats a likely reason for getting different answers. As the other poster noted your mother is fine to hold on to the guns and to sign all the paperwork. Legally she is the next of kin and next in line through her marriage to your father and this is true whether he had a will or not. She is the default executor when none is named as well. She can sign all the forms and will need to supply the death certificate and marriage license to show this. As for signoffs I've not heard they were required for form 5 to heir transfers. Thats a good question to ask the supervisor at NFA branch.

Hope that helps reinforce what you've heard.

Frank